Osano (Suing as the Legal Administrate of the Estate of Nyang'la Amada alias Nyangala Amada (Deceased) v Songa (Environment and Land Appeal E076 of 2024) [2026] KEELC 180 (KLR) (22 January 2026) (Judgment)
- Court
- Environment & Land Court
- Case number
- 180
- Citation
- [2026] KEELC 180 (KLR)
- Decided
- 22 January 2026
The Appellant's appeal lacks merit and is dismissed with costs.
Facts
The deceased, Nyang'la Amada, owned a land parcel known as Kisumu/Marera/2080. The Appellant, Anjeline John Osano, claimed the land belonged to the deceased and that the Defendant, Mary Agola Songa, trespassed onto the land and established a homestead. The Defendant denied the claim and sought to bury the remains of Songa Ouya on the land.
Issues
- Whether the trial court erred in dismissing the Appellant's claim and allowing the Defendant's counterclaim.
Reasoning
The trial court considered the evidence of the Respondent and established that the Respondent had had open, continuous, peaceful and uninterrupted occupation of the suit land. The court also considered the Respondent's submissions that the claim could not be based on the oral sale agreement but on adverse possession.
Outcome
Appeal dismissed with costs.
Orders
- The Appellant's appeal is dismissed with costs.
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